CHAPTER 71. RETAIL DEALER'S OFF-PREMISE LICENSE

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-71-retail-dealer-s-off-premise-license

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 71. RETAIL DEALER'S OFF-PREMISE LICENSE

Sec. 71.01. AUTHORIZED ACTIVITIES. The holder of a retail

dealer's off-premise license may sell beer in lawful containers

to consumers, but not for resale and not to be opened or consumed

on or near the premises where sold.

Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.02. FEE. The annual state fee for a retail dealer's

off-premise license is $60.

Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, Sec. 48,

eff. Sept. 1, 1983.

Sec. 71.03. AUTHORITY OF LICENSEE HOLDING PACKAGE STORE PERMIT

OR WINE ONLY PACKAGE STORE PERMIT. (a) The holder of a retail

dealer's off-premise license who also holds a package store

permit may sell beer directly to consumers by the container, but

not for resale and not to be opened or consumed on or near the

premises where sold.

(b) The holder of a retail dealer's off-premise license who also

holds a wine only package store permit may sell beer to consumers

by the container, but not for resale and not to be opened or

consumed on or near the premises where sold.

off-premise license who also holds a package store permit is

subject to the same restrictions and penalties governing the sale

of liquor by package stores with regard to:

(1) the hours of sale and delivery;

(2) blinds and barriers;

(3) employment of persons under the age of 18 or sales and

deliveries to minors;

(4) sales and deliveries on Sunday; and

(5) advertising.

(d) The sale of beer by a holder of a retail dealer's

off-premise license who also holds a wine only package store

permit is subject to the same restrictions and penalties

governing the sale of liquor by package stores with regard to:

(1) blinds and barriers;

(2) employment of persons under the age of 18 or sales and

deliveries to minors;

(3) delivery to the licensee or permittee on Sunday; and

(4) advertising.

Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 54, ch. 33, Sec. 6,

eff. Jan. 1, 1980; Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 7,

eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 303, Sec. 2, eff.

June 11, 1987.

Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No

retail dealer's off-premise licensee, nor his officer, may

possess liquor containing alcohol in excess of 14 percent by

volume on the licensed premises.

Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.05. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER

LICENSEES PROHIBITED. No holder of a retail dealer's off-premise

license may borrow or acquire from, exchange with, or loan to any

other holder of a retail dealer's off-premise license or holder

of a retail dealer's on-premise license any alcoholic beverage

for the purpose of resale.

Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.06. STORING OR POSSESSING BEER OFF PREMISES PROHIBITED.

No holder of a retail dealer's off-premise license may own,

possess, or store beer for the purpose of resale except on the

licensed premises.

Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.07. EXCHANGE OR TRANSPORTATION OF BEER BETWEEN LICENSED

PREMISES UNDER SAME OWNERSHIP. Section 69.11 of this code

relates to the exchange or transportation of beer between

licensed premises by retail dealers.

Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.08. MITIGATING CIRCUMSTANCES: RETAIL DEALER'S

OFF-PREMISE LICENSE. Section 11.64 of this code relates to

mitigating circumstances with respect to cancellation or

suspension of a retail dealer's off-premise license.

Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.09. BREACH OF PEACE: RETAIL ESTABLISHMENT. The

application of sanctions for the occurrence of a breach of the

peace at a retail beer establishment is covered by Section 69.13

of this code.

Acts 1977, 65th Leg., p. 487, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 71.10. WARNING SIGN REQUIRED. (a) Each holder of a retail

dealer's off-premise license shall display in a prominent place

on his premises a sign stating in letters at least two inches

high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON

THESE PREMISES.

(b) A licensee who fails to comply with this section commits a

misdemeanor punishable by a fine of not more than $25.

Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 4, eff.

Sept. 1, 1983.

Sec. 71.11. BEER SAMPLING. (a) The holder of a retail dealer's

off-premise license may conduct free product samplings of beer on

the license holder's premises during regular business hours as

provided by this section.

(b) An agent or employee of the holder of a retail dealer's

off-premise license may open, touch, or pour beer, make a

presentation, or answer questions at a sampling event.

ordinance:

(1) a retail dealer's off-premise license does not authorize the

sale of alcoholic beverages for on-premise consumption; and

(2) none of the license holder's income may be considered to be

income from the sale of alcoholic beverages for on-premise

consumption.

(d) Any beer used in a sampling event under this section must be

purchased from or provided by the retailer on whose premises the

sampling event is held.

Added by Acts 2007, 80th Leg., R.S., Ch.

1073, Sec. 9, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!